Illegal gateways: PHC rejects bail application of suspect

PESHAWAR:

The Peshawar High Court (PHC) on Thursday rejected the bail application of a suspect arrested by the Federal Investigation Agency (FIA) for using illegal calling gateways and 121 SIMs.

Justice Waqar Ahmad Seth rejected Muhammad Asif’s bail application which had been filed through the latter’s counsel, Farhana Marwat. The federal government had strongly opposed the suspect’s bail in light of the deteriorating law and order situation.

The court was informed that Muhammad Asif was arrested on October 16, 2014 in Tajabad near Peshawar Board. The suspect was accused of using gateways, computers, laptops and 121 SIMs to make illegal calls.



The counsel for the defendant told the court his client was wrongly implicated in the case and the equipment had not been recovered from his possession. “He deserves to be released on bail,” Marwat contended.

Deputy Attorney General Kifayatullah told the court that all these instruments were recovered from the possession of Asif when the FIA raided his house after receiving a tip. Such equipment was being used to make calls to organise various crimes, he added.

Kifayatullah said that the law and order situation in the country, particularly Peshawar, was deteriorating and matters could become more volatile with such illegal activity. He pointed out the suspect did not have a licence for such activities.

The accused was charged under sections 31 of the Pakistan Telecommunication Authority Act 1996 and 36 and 37 of the Electronic Transmission Ordinance 2002. The law says whoever commits a crime under Section 37 will be punishable with a term not exceeding seven years or a fine of up to Rs1 million. Also, all offences under the ordinance shall be non-bailable and cognizable.

The court ultimately dismissed the bail application of the suspect.

Published in The Express Tribune, January 9^th, 2015.